Understanding the I-212(d) Waiver in Immigration Law

The I-212(d) waiver is a form of discretionary relief that allows individuals who are inadmissible to the U.S. due to a prior deportation, removal, or unlawful presence to reapply for admission into the country. Here’s what you need to know about the I-212(d) waiver:

1. What is the I-212(d) Waiver?

The I-212(d) waiver grants individuals with prior deportations or removals, or who have been deemed inadmissible, the opportunity to request permission to re-enter the U.S. Although it is not guaranteed, this waiver allows for USCIS to forgive past inadmissibilities and grant reentry.

2. Who May Be Eligible for the I-212(d) Waiver?

Individuals who were inadmissible for being unlawfully present in the US may seek the I-212(d) waiver to forgive their past transgressions. The USCIS may also grant the waiver to individuals who were deported or removed from the U.S. for a number of other reasons, including criminal convictions or national security concerns.

3. How Do You Apply for the I-212(d) Waiver?

Applications for the I-212(d) waiver should be made by completing and submitting the I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal to USCIS. The application should include a detailed description of the reasons why the waiver is necessary.

4. What Factors are Considered in Deciding I-212(d) Waiver Requests?

To be considered for the waiver, individuals typically must establish that they have a substantial interest in being admitted to the US, that they do not pose a threat to national security, and that their admission would not be contrary to the national welfare, safety, or security. Other factors affecting the decision of the USCIS include the individual’s length of residence in the U.S., ties to the U.S., rehabilitation since the deportation or removal, and the seriousness and relative recentness of the underlying grounds for inadmissibility.

5. What Happens After the Waiver is Granted?

If the USCIS approves the waiver and grants reentry to the U.S., the individual will be able to apply for a U.S. visa or admission at a port of entry.

In conclusion, the I-212(d) waiver is a valuable tool for individuals who have been deported, removed, or declared inadmissible from the U.S. However, applications for this waiver are not guaranteed and require careful consideration of the relevant factors. If you are considering applying for an I-212(d) waiver, seeking the assistance of an experienced immigration attorney is advised.